Family Mediation Advantages Cambuslang

Today marks the end of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historic blogs, take a look at the crucial benefits of mediation and other techniques of disagreement resolution as a method of dealing with the practical arrangements following separation.

The family mediation process

Call

mediation typically begins with the mediator having a brief preliminary call with each of the parties. The function of this call is to speak to the parties about the mediation process and think about individually with them whether there are any concerns which would indicate that mediation is not proper.

Individual conferences

following the preliminary calls, the mediator will have a meeting with each celebration independently (this is often called a Mediation Information Evaluation Meeting (MIAM)) to talk about the background briefly and describe a little more about the mediation process. The initial conferences are personal and so the material will not be discussed with the other celebration.

First joint conference

following the private meetings, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The first meeting is used to go through the Contract to Mediate kind, deal with any interim or pushing concerns and to set the program for future sessions.

Further joint meetings

the focus of future meetings will depend on the issues the parties want to cover but this will typically involve conversation around the plans for the children followed by a review of the parties’ financial disclosure and an expedition of possible monetary settlement.

On the occasion that an arrangement is reached, the mediator can record the appropriate information and decisions in a number of documents called:

  • Open Financial Statement
    this records the parties’ financial information as set out in the monetary disclosure offered. This is an open rather than without prejudice document.
  • Memorandum of Understanding
    this records the discussions in mediation and the general decisions reached. This is a without prejudice file and can not be revealed in any court procedures.
  • Parenting Strategy
    this records the arrangements for the children and any other matters moms and dads wish to document in respect of the daily care of their children.

Family Mediation Cambuslang

Any agreement reached in mediation is not legally binding until the parties have had independent legal guidance on it. As soon as this has happened, among the celebration’s legal representatives will typically turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.

The advantages of family mediation

There are a number of benefits to the mediation process, some of which are set out listed below. Mediation is wrong for everyone and the mediator and a party’s own lawyer will consider any issues which may make mediation unsuitable or tough. The advantages include:

Family mediation is a member of the ADR or alternative dispute resolution family. It forms one of the core pillars of mediation services provided globally.

Historically, it is not clear geographically where family mediation first evolved. However, family mediation has been present in various forms in various cultures world-wide for thousands of years.

The system is focused on providing a dispute resolution mechanism to families who are in dispute. Divorce mediation forms part of the family mediation tree of services.

Modern day family mediation is divided into two main fields namely mediation and comediation. In the former of the two fields a single mediator works with the family in dispute. In the latter of the two fields, two or more mediators work with a family in dispute. Mediations are completed by the use of either joint or single caucuses. In single caucuses the mediator/s caucus one party at a time. In joint caucuses the mediator/s work with all sides to the dispute present in the same session. The majority of family disputes have two sides however in family disputes between siblings it is not uncommon for several parties to be involved.

  • Versatility
    • The mediator will motivate the parties to set the agenda and validate what they wish to cover in mediation. You can address matters essential to your own family and those which might not otherwise be relevant in a court procedure.
    • Mediation sessions can be scheduled a time and place practical to you and the mediator. You choose the length of time in between sessions and handle its speed. You will not need to wait months for the next date as can happen in a court process, and similarly you can guarantee you each have adequate time to look at monetary disclosure and assess ideas made.
    • Choices reached in mediation can be tailored to suit your family. This remains in contrast to court imposed decisions where the judge may not have the power to enforce similar arrangements or has actually disliked the subtlety of why a particular recommendation may be better.

  • Communication
    a mediator’s function is to help with a discussion between the parties and motivate recommendations about the result. When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is developed to promote communication and a continuous co-parenting relationship. This is particularly crucial for parents who are going to have a relationship for the rest of their children’s lives.
  • Privacy
    mediation is a personal and private procedure which implies that parties are encouraged to be open about alternatives they wish to consider. This usually leads to parties making suggestions they would hesitate to make in court proceedings. For high profile clients, it is also a way of keeping details of your relationship out of the general public eye.
  • Costs and speed
    Mediation can be cheaper and quicker than court proceedings if successful. By setting the program and selecting the variety of sessions you have, parties have far more control over the process than when they are part of court proceedings. The mediator will also manage the process and make sure that mediation does not continue if it is unproductive or making matters worse.

Family mediation has been in focus this week with #FamilyMediationweek, in appropriate cases it can offer an invaluable method of dealing with family disputes efficiently and amicably and it should be something that is encouraged all year.

National Family Mediation Services: